공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant (around April 2009, changed the trade name from the Hanyang Housing Co., Ltd. to the Hanyang Construction Co., Ltd.) entered into a contract with the relevant limited liability company by setting the contract amount of KRW 15,752,163,00 and the construction period of KRW 15,752,163,00, and the construction period from April 28, 2009 to October 31, 2013.
B. Around October 2009, the Plaintiff received a subcontract for steel works and civil engineering works (hereinafter “instant subcontract”) from the Defendant (hereinafter “instant subcontract”). Since the Plaintiff did not hold a specialized construction license for soil works, the Plaintiff, instead of entering into a subcontract each month, agreed that if the Plaintiff submitted the details of labor cost, material cost, equipment cost, etc. invested in the instant construction works to the Defendant, the Defendant would pay the cost directly to the labor workers, material enterprisers, equipment enterprisers, etc.
C. The Plaintiff performed the instant construction from November 2009 to August 201, 2010. Upon the Plaintiff’s filing of a claim for the payment of the price to the Defendant each month, the Plaintiff had the Defendant’s headquarters pay the pertinent amount at the Defendant’s headquarters, after comparing evidence materials, such as the construction work site, work log (including the Plaintiff’s employee), and the tax invoice.
The above provisions shall apply between November 2009 and August 2010.
1,034,785,018 won (i.e., labor cost of KRW 281,978,00,264,200 as cost of material cost of KRW 251,561,81,81,00 as cost of material cost of KRW 251,561,81,00 as cost of material cost of KRW 251,561,81,00 as cost of incidental units of KRW 13,20,00 as cost of material cost of KRW 16,781,00 for the same period). The sum of the cost that the Defendant spent in connection with the instant work is KRW 1,220,435,958.
E. The Plaintiff and the Defendant agreed to terminate the instant subcontract around August 2010, and the Defendant thereafter agreed to the Plaintiff among the Asan Public Corporation and the instant construction works.